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Course Description |
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Course Name |
: |
Private Law 2 |
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Course Code |
: |
HK 406 |
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Course Type |
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Compulsory |
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Level of Course |
: |
First Cycle |
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Year of Study |
: |
4 |
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Course Semester |
: |
Spring (16 Weeks) |
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ECTS |
: |
3 |
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Name of Lecturer(s) |
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Assoc.Prof.Dr. ZEKİOKUR |
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Learning Outcomes of the Course |
: |
Knows the application of conflict of laws. Determines the rules of law applicable to legal proceedings. Knows Recognition and enforcement. Determines the rules of law applicable to tort
Recognition and enforcement knows
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Mode of Delivery |
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Face-to-Face |
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Prerequisites and Co-Prerequisites |
: |
None |
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Recommended Optional Programme Components |
: |
None |
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Aim(s) of Course |
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The aim of the course is to make Private international law understandable. |
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Course Contents |
: |
Private international law, general principles of private international law, legal actions and the regime which they are subject to in private international law, the rules of conflict of laws, international procedural law, the general principles of international procedural law, international jurisdiction of the Turkish courts, recognition and enforcement of foreign judgments, recognition of foreign arbitral awards and enforcement. |
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Language of Instruction |
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Turkish |
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Work Place |
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Faculty of Law amps |
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Course Outline /Schedule (Weekly) Planned Learning Activities |
| Week | Subject | Student's Preliminary Work | Learning Activities and Teaching Methods |
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1 |
Law of Conflict of Laws: Introduction, sources, types, methods, interests, the structure of the linking rules |
İnteractive Participation |
Lecture, question and answer |
|
2 |
Conflict of Laws , Public Problems: qualification, changes in status, attribution, |
İnteractive Participation |
Lecture, question and answer |
|
3 |
General Problems of Law, Conflict of Laws: Public order, Rules applied directly, application of foreign law |
İnteractive Participation |
Lecture, question and answer |
|
4 |
Special Section: the law applicable to the form of legal proceedings, the law governing the statute of limitations, driver´s license, guardianship, interdiction, law applicable to trustee. |
İnteractive Participation |
Lecture, question and answer |
|
5 |
Engagement, marriage requirements, shape and general provisions of the applicable law, the law governing marriage property, the law applicable to divorce |
İnteractive Participation |
Lecture, question and answer |
|
6 |
Descent (and the provisions of the establishment), adoption, child support, inheritance law applicable to |
İnteractive Participation |
Lecture, question and answer |
|
7 |
Benefits in kind (property and limited real rights); contractual debt relationships (general terms, agency) |
İnteractive Participation |
Lecture, question and answer |
|
8 |
mid term exam |
|
- |
|
9 |
Contractual Obligations: Special Provisions (relating to real estate contracts, consumer protection, employment contracts for the carriage of goods and intellectual rights) |
İnteractive Participation |
Lecture, question and answer |
|
10 |
Obligations of Torts: General provisions, unfair competition, competitive inhibition, personality, responsibility for violation of the rights of the manufacturer´s non-contractual |
İnteractive Participation |
Lecture, question and answer |
|
11 |
International Civil Procedure Law: Introduction, scope, procedures and procedural issues, the law applicable to the proceedings of the Turkish jurisdiction of the courts (half |
İnteractive Participation |
Lecture, question and answer |
|
12 |
As in domestic law the principles and rules of general jurisdiction, special jurisdiction rules (in cases related to personal states of the Turks, derdestlik, inheritance cases, i |
İnteractive Participation |
Lecture, question and answer |
|
13 |
Special Authorization Policies (continued): Consumer, Insurance Litigation Related to the Convention; authorization agreement, guarantee, foreign state immunity from prosecution |
İnteractive Participation |
Lecture, question and answer |
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14 |
Connecting the internal legal result of foreign court decisions: Recognition and enforcement of foreign judgments |
İnteractive Participation |
Lecture, question and answer |
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15 |
Recognition and enforcement of foreign judgments (continued) |
İnteractive Participation |
Lecture, question and answer |
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16/17 |
Final exam |
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- |
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Required Course Resources |
| Resource Type | Resource Name |
| Recommended Course Material(s) |
Nomer,E./Şanlı,C.: Devletler Hususi Hukuku Genel Prensipler - Kanunlar İhtilafı - Milletlerarası Usul Hukuku - Yabancı Mahkeme ve Hakem Kararların Tanınması ve Tenfizi, 17. Bası, İstanbul 2009.
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| Required Course Material(s) | |
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Assessment Methods and Assessment Criteria |
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Semester/Year Assessments |
Number |
Contribution Percentage |
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Mid-term Exams (Written, Oral, etc.) |
1 |
60 |
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Homeworks/Projects/Others |
0 |
40 |
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Total |
100 |
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Rate of Semester/Year Assessments to Success |
40 |
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Final Assessments
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100 |
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Rate of Final Assessments to Success
|
60 |
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Total |
100 |
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| Contribution of the Course to Key Learning Outcomes |
| # | Key Learning Outcome | Contribution* |
|
1 |
Communicates with colleagues in a foreign language and keeps up with international developments in the field of law. |
3 |
|
2 |
Conducts scientific studies in the field. |
3 |
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3 |
Has general legal knowledge in the field of information systems and demonstrates the ability to use required soft wares |
3 |
|
4 |
Has a basic knowledge of the codification process and how to use newly gained legal knowledge in their work environment. |
1 |
|
5 |
Knows the rules regulating the relationship between the state and society,and between the estate and the individual, and can interpret these rules. |
5 |
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6 |
Takes on tasks; the administrative organization of the country´s governor, the governor, the chief of police, inspectors, also in areas such as banking and finance senior positions and so on. |
2 |
|
7 |
Has theoretical information of legal systems, rules, and review methods |
2 |
|
8 |
Knows the historical and sociological development process of law and legal norms |
1 |
|
9 |
Has knowledge of the relevant regulations, decisions of judicial bodies, their development and the relevant scientific assessments. |
4 |
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10 |
Knows how to access and use local and international law sources. |
4 |
|
11 |
Has the skills needed to work as a judge, prosecutor, lawyer, notaryor legal counsel after graduating from the School of law. |
3 |
|
12 |
Has sufficient knowledge of the common laws that govern the use of skilled workers in the public and private sector |
2 |
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13 |
Understands and uses the basic concepts of law; has the ability to conduct legal and normative research, predicts outcomes of decisions taken, develops strategical solutions while taking into account cause and effect relationships. |
3 |
|
14 |
Is legally objective and has an impartial attitude towards daily events, is honest and morally ethical; all of which are characteristics or equired of lawyers. |
1 |
|
15 |
Develops critical thinking skills in order to re-interpret laws according to the needs of humanity |
3 |
|
16 |
Has written and oral communication skills, can convey ideas to other using persuasive speech, is capable of producing alternative solutions and can analyze information. |
3 |
| * Contribution levels are between 0 (not) and 5 (maximum). |
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| Student Workload - ECTS |
| Works | Number | Time (Hour) | Total Workload (Hour) |
| Course Related Works |
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Class Time (Exam weeks are excluded) |
14 |
3 |
42 |
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Out of Class Study (Preliminary Work, Practice) |
14 |
3 |
42 |
| Assesment Related Works |
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Homeworks, Projects, Others |
0 |
0 |
0 |
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Mid-term Exams (Written, Oral, etc.) |
1 |
1 |
1 |
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Final Exam |
1 |
1 |
1 |
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Total Workload: | 86 |
| Total Workload / 25 (h): | 3.44 |
| ECTS Credit: | 3 |
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